Ling Su Fan v. United States

• Decision Date: 14 November 1910
• Docket Number: No. 20,20
• Citation: 218 U.S. 302,54 L.Ed. 1049,31 S.Ct. 21
• Parties: LING SU FAN, Plff. in Err., v. UNITED STATES
• Court: U.S. Supreme Court

218 U.S. 302

31 S.Ct. 21

54 L.Ed. 1049

LING SU FAN, Plff. in Err.,

v UNITED STATES.

No. 20.

Argued October 27, 1910.

Decided November 14, 1910.

Messrs. J. M. Vale, Marion Butler, and Lionel D. Hargis for plaintiff in error.

[Argument of Counsel from Pages 303-305 intentionally omitted] Assistant Attorney General Fowler for defendant in error.

[Argument of Counsel from pages 305-307 intentionally omitted] Mr. Justice Lurton delivered the opinion of the court:

The plaintiff in error has been convicted of the offense of 'exporting from the Philippine Islands Philippine silver coin,' in violation of Philippine law No. 1411, being §§ 1998 and 1999, Compiled Acts of the Philippine Commission, title 3, chapter 194. Sections 1 and 2 of law No. 1411 read as follows:

'Section 1. The exportation from the Philippine Islands of Philippine silver coins, coined by authority of the act of Congress approved March 2d, 1903 [32 Stat. at L. 952, chap. 980, U. S. Comp. Stat. Supp. 1909, p. 893], or the bullion made by melting or otherwise mutilating such coins, is hereby prohibited, and any of the aforementioned silver coins or bullion which is exported, or of which the exportation is attempted subsequent to the passage of this act, and contrary to its provisions, shall be liable to forfeiture, under due process of law, and one third of the sum or value of the bullion so forfeited shall be payable to the person upon whose information, given to the proper au- thorities, the seizure of the money or bullion so forfeited is made, and the other two thirds shall be payable to the Philippine government, and accrue to the gold standard fund. Provided, that the prohibition herein contained shall not apply to sums of P. 25 or less, carried by passengers leaving the Philippine Islands.

'Section 2. The exportation or attempt to export Philippine silver coin or bullion made from such coins from the Philippine Islands, contrary to law, is hereby declared to be a criminal offense, punishable, in addition to the forfeiture of the said coins or bullion, as above provided, by a fine not to exceed P. 10,000, or by imprisonment for a period not to exceed one year, or both, in the discretion of the court.'

We may pass over the assignments of error which challenge the sufficiency of the evidence to warrant a conviction, inasmuch as it is not contended that there was no evidence. This is a writ of error, and upon such a writ the error to be considered must be confined to error of law.

The substantial question is as to whether a law which prohibits the exportation of Philippine silver coin from the Philippine Islands is a law which deprives the owner of his property in such coins without due process of law, in violation of that prohibition of the organic act of July 1, 1902, which provides that 'no law shall be enacted in said islands which shall deprive any person of life, liberty, or property without due process of law.' 32 Stat. at L. 692, chap. 1369. The authority for the law is found in the act of Congress of July 1, 1902, §§ 76 et seq., 32 Stat. at L. 691, 710, chap. 1369, U. S. Comp. Stat. Supp. 1909, p. 890, which authorized the Philippine government to establish a mint in the city of Manila for coinage purposes and to enact laws for its operation, and for the striking of certain coins. By the later act of Congress of March 2, 1903 (chap. 980, 32 Stat. at L. 952, U. S. Comp. Stat. Supp. 1909, p. 893), it was provided that the gold peso, con- sisting of 12.9 grains of gold, nine tenth fine, should be the unit of value in the islands. The second section of that act provided as follows:

'That in addition to the coinage authorized for use in the Philippine Islands by the act of July first, nineteen hundred and two, entitled, 'An Act Temporarily to Provide for the Administration of the Affairs of Civil Government in the Philippine Islands, and for Other Purposes,' the government of the Philippine Islands is authorized to coin to an amount not exceeding seventy-five million pesos, for use in said islands, a silver coin of the denomination of one peso, and of the weight of four hundred and sixteen grains, and the standard of said silver coins shall be such that of one thousand parts, by weight, nine hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper.'

Section 6 of the same act of March 2, 1903, provided:

'That the coinage authorized by this act shall be subject to the conditions and limitations of the provisions of the act of July first, nineteen...